CONTENTS
- 1. Details of the Drunk Driving No Suspicion of Crime Case
- - Assistance Provided by the Attorney
- 2. Result of the Drunk Driving No Suspicion of Crime Case
- - Key Points for Responding to a Drunk Driving No Suspicion of Crime Case
- 3. One-Stop Assistance by Daeryun Law Firm in a Drunk Driving No Suspicion of Crime Case
1. Details of the Drunk Driving No Suspicion of Crime Case
This is the account of a client who sought the assistance of this firm's drunk driving attorney specialist, asking him to bring about a finding of no suspicion of crime.
The client said that he had drunk one cup of makgeolli at a workplace gathering, and about 20 minutes later, while driving his own vehicle home, he was caught in a police crackdown.
The blood alcohol concentration measured during the crackdown was confirmed to be 0.036%, which slightly exceeded the statutory punishment threshold for drunk driving of 0.03% under the Road Traffic Act.
Considering his image at work, potential future disadvantages in personnel matters, and his family's livelihood, the client absolutely needed to avoid punishment and retain his license, and so at the early stage of the case he promptly requested the assistance of a drunk driving attorney specialist at Daeryun Law Firm.
Assistance Provided by the Attorney
From the early stage of the case, the drunk driving attorney specialist set out to build a strategic defense logic centered on scientific and legal grounds rather than a mere emotional appeal.
1. Review of whether the blood alcohol concentration was in its rising phase and the possibility of back-calculation
Because the measurement was taken about 40 minutes after the client had been drinking, the situation could fall within the commonly known rising phase of blood alcohol concentration (approximately 30 to 90 minutes after drinking), and so the attorney argued that the blood alcohol concentration at the time of driving may have been lower than the measured value.
This was used as a basis for persuading the investigative agency, in accordance with the following precedents and scientific grounds.
Supreme Court Decision 2002Do6762 "Even if a measurement taken afterward slightly exceeds the punishment threshold, the value at the time of driving cannot be conclusively determined."
Seoul Northern District Court Decision 2022Gojeong1244 "Alcohol concentration may vary depending on individual constitution, the amount of alcohol consumed, whether a meal was eaten, and other factors, and if it was in the rising phase, it may have been lower than the measured value."
2. Submission of evidence of the client's personal circumstances and efforts at improvement
The drunk driving attorney specialist submitted materials proving a concrete will to improve, as follows.
Submission of a statement of reasons regarding anticipated disadvantages related to occupation and livelihood
Submission of personnel evaluation materials regarding his social role and work attitude
Submission of a written apology establishing that he was a first-time offender, that there was no intent or circumstance of dangerous driving, and that there was no likelihood of harm or responsibility for any resulting consequences
The drunk driving attorney specialist submitted these materials and argued that no accident, property damage, or conduct endangering a third party had occurred at all, and, having also considered the possibility of restorative measures, that the need for criminal liability was low.
In addition, the defense counsel's written opinion was prepared and submitted with structured reasoning grounded in legal principles, precedents, medicine, and behavioral analysis, and an attorney accompanied the client at every stage of questioning to ensure consistency of statements and to prevent defense errors.
2. Result of the Drunk Driving No Suspicion of Crime Case
The investigative agency comprehensively considered the possibility of the rising phase of blood alcohol concentration presented by the drunk driving attorney specialist, the scientific and legal grounds, the personal circumstances and absence of any likelihood of reoffending, and the absence of any resulting harm, and issued a decision of no suspicion of crime (non-referral).
Drunk driving refers to the crime of operating a motor vehicle or the like in a state with a blood alcohol concentration of 0.03% or higher.
If drunk driving is detected, it is punished according to the following standards.
1. First detection of drunk driving within 10 years
Blood Alcohol Concentration | Sentence |
0.03% or higher but less than 0.08% | Imprisonment for not more than 1 year or a fine of not more than 5 million won |
0.08% or higher but less than 0.2% | Imprisonment for not less than 1 year and not more than 2 years or a fine of 5 million to 10 million won |
0.2% or higher | Imprisonment for not less than 2 years and not more than 5 years or a fine of 10 million to 20 million won |
Refusal to be tested | Imprisonment for not less than 1 year and not more than 5 years or a fine of 5 million to 20 million won |
2. Detection two or more times within 10 years
Blood Alcohol Concentration | Sentence |
0.03% or higher but less than 0.2% | Imprisonment for not less than 1 year and not more than 5 years or a fine of 5 million to 20 million won |
0.2% or higher | Imprisonment for not less than 2 years and not more than 6 years or a fine of 10 million to 30 million won |
Refusal to be tested | Imprisonment for not less than 1 year and not more than 6 years or a fine of 5 million to 30 million won |
Key Points for Responding to a Drunk Driving No Suspicion of Crime Case
If a drunk driving offense has been detected, it is important to respond as follows.
1. Confirm the procedural legality of the measurement, including the time, place, and number of measurements
2. Review the rate of alcohol absorption and metabolism relative to the time of drinking
3. Review the necessity of driving and the probability that a danger arose
4. Submit a written apology, a written pledge, and a statement of reasons related to occupation and family
5. Prevent errors in statements at the early stage of the case
3. One-Stop Assistance by Daeryun Law Firm in a Drunk Driving No Suspicion of Crime Case
The drunk driving attorney specialist at Daeryun Law Firm provides the following one-stop legal services.
Preparing a written opinion based on the Widmark formula and medical assessment
Accompaniment during questioning and operation of a statement control system
Defense strategy meetings and analysis of the investigation direction at the competent police station
A service that reviews license relief and an administrative appeal in parallel
If you have been caught for drunk driving, rather than resolving it alone, it is important to receive the assistance of a legal expert who can accurately gather evidence and build a defense logic.
If you need a consultation or a case review to bring about a decision of no suspicion of crime in a drunk driving case, please feel free at any time to consult with a Daeryun drunk driving attorney specialist through 🔗Legal Consultation Reservation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
